When a person dies without a will (intestate), the deceased’s family is left to establish heirship and distribute the estate among themselves.
An heirship affidavit is a statement used to establish the ownership of property after the original owner dies without an intestate. The document is the easiest way to pass ownership of real or personal property to heirs.
An heirship affidavit:
- identifies the deceased’s heirs;
- explains how they are related to the deceased;
- provides necessary evidence to illustrate how the heirs are related to the deceased;
- lists the deceased’s property and debts; and
- is signed and sworn to in the presence of a notary public (by a person not related to the family).
Once ownership has been established, the heirs can control the deceased’s property and make decisions regarding the use of said property. The affidavit can also be used in lieu of deed transfer and must be filed with the county recorder to officially establish ownership of the land.
How to Create an Heirship Affidavit
While an affidavit may be a simple way of distributing the property of a deceased person, it is still a legal document that must be handled in a specific way. An attorney familiar with handling affidavits of heirship would be a beneficial resource in the construction of the document. They can guide you and your family through the entire process and ensure your wishes are met.
A solid heirship affidavit should include:
- date of execution;
- name of person who died and the property being transferred;
- address and description of property;
- name of first spouse of the deceased (if applicable);
- name of second spouse of the deceased (if applicable);
- name of person swearing to the affidavit facts;
- name of each person receiving property; and
- expenses and debts of the deceased.
The Springer Law Firm Is on Your Side
We offer our clients experienced counsel when constructing a solid heirship affidavit. Our firm can be there every step of the way, from initial construction to ensuring the affidavit is executed to your exact specifications.
Call our firm at (281) 990-6025 or contact us online for a case evaluation.